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REPORT TO THE THIRTIETH LEGISLATURE STATE OF HAWAII 2020 REGULAR SESSION STATUS OF THE ISSUANCE OF INCIDENTAL TAKE LICENSES FOR ENDANGERED, THREATENED, PROPOSED, AND CANDIDATE SPECIES AND THE CONDITION OF THE ENDANGERED SPECIES TRUST FUND FOR THE PERIOD JULY 1, 2018 JUNE 30, 2019 Prepared by THE STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES DIVISION OF FORESTRY AND WILDLIFE In response to Section 195D-26, Hawaii Revised Statutes Honolulu, Hawaii December 2019

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Page 1: Endangered Species Rpt FY13 - Hawaiifiles.hawaii.gov/.../FW20-Endangered-Species-Rpt-FY19.pdfspecies of aquatic life or wildlife, or to cut, collect, uproot, destroy, injure, or possess

REPORT TO THE THIRTIETH LEGISLATURE

STATE OF HAWAII

2020 REGULAR SESSION

STATUS OF THE ISSUANCE OF INCIDENTAL TAKE

LICENSES FOR ENDANGERED, THREATENED, PROPOSED,

AND CANDIDATE SPECIES

AND

THE CONDITION OF THE ENDANGERED SPECIES TRUST FUND

FOR THE PERIOD JULY 1, 2018 – JUNE 30, 2019

Prepared by

THE STATE OF HAWAII

DEPARTMENT OF LAND AND NATURAL RESOURCES

DIVISION OF FORESTRY AND WILDLIFE

In response to Section 195D-26, Hawaii Revised Statutes

Honolulu, Hawaii

December 2019

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STATUS OF THE ISSUANCE OF

INCIDENTAL TAKE LICENSES FOR ENDANGERED, THREATENED,

PROPOSED, AND CANDIDATE SPECIES

AND

THE CONDITION OF THE ENDANGERED SPECIES TRUST FUND

FOR THE PERIOD JULY 1, 2018 – JUNE 30, 2019

PURPOSE

Act 380, Session Laws of Hawaiʻi (SLH) 1997, amended the State Endangered Species Law,

Chapter 195D, Hawaiʻi Revised Statutes (HRS), to provide for the preparation and

implementation of habitat conservation plans (HCPs) and safe harbor agreements (SHAs) and to

provide additional incentives for private landowners to recover and protect threatened and

endangered species on their lands. Specifically, Section 195D-26, HRS, requires that an annual

report be prepared by the Department of Land and Natural Resources (DLNR) on:

• The effectiveness of HCPs and SHAs issued under Chapter 195D, HRS, and the

status of all species for which incidental take licenses have been issued;

• Description of the condition of the Endangered Species Trust Fund (ESTF)

established under Section 195D-31, HRS; and

• Recommendations to further the purposes of Chapter 195D, HRS.

Incidental Take Licenses (ITLs) are issued in conjunction with an approved HCP or SHA for the

legal take1 of threatened or endangered species, if such take is incidental to an otherwise lawful

activity. Habitat Conservation Plans and Safe Harbor Agreements are important management

tools in the State of Hawai‘i and accomplish the following:

• Resolve conflicts between endangered species protection and legitimate use of natural

resources;

• Contribute to endangered species recovery efforts through partnerships and proactive

planning; and

• Provide essential ecological information for Hawai‘i’s resource managers by

requiring a strong monitoring component in all HCPs.

This annual report is submitted to fulfill the reporting requirement for Fiscal Year (FY) 2019 and

provides detailed information for 11 HCPs and six SHAs for which ITLs have been issued. One

new ITL was issued in FY 2019 (April 30, 2019) for the Na Pua Makani Wind Energy Project

HCP and one ITL concluded in FY 2019 (March 27, 2019) for the Daniel K. Inouye Solar

Telescope Construction HCP. The report is organized by HCP project type, provides an

overview of SHAs, describes the condition of the ESTF, and concludes with recommendations to

further the purposes of Chapter 195D, HRS.

1 “Take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect endangered or threatened

species of aquatic life or wildlife, or to cut, collect, uproot, destroy, injure, or possess endangered or threatened

species of aquatic life or land plants, or to attempt to engage in any such conduct (§195D-2, HRS).

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Contents

SUMMARY OF INCIDENTAL TAKE STATUS FOR ENDANGERED WILDLIFE SPECIES

COVERED BY HABITAT CONSERVATION PLANS ......................................................................... 3

SUMMARY OF HABITAT CONSERVATION PLANS AND ASSOCIATED INCIDENTAL

TAKE LICENSES BY PROJECT TYPE ................................................................................................. 6

Wind Energy Facilities and Structures ...................................................................................................... 6

Kaheawa Pastures Wind Energy Generation Facility (KWP I) Habitat Conservation Plan, Maui,

Hawai‘i. Approved 2006. ....................................................................................................................... 6

Kaheawa Wind Power II Wind Energy Generation Facility (KWP II) Habitat Conservation Plan, Maui,

Hawai‘i. Approved 2012. ....................................................................................................................... 9

Auwahi Wind Energy Habitat Conservation Plan, Maui, Hawai‘i. Approved 2012. ............................ 13

Kahuku Wind Power Habitat Conservation Plan, O‘ahu, Hawai‘i. Approved 2010. ........................... 17

Kawailoa Wind Power Habitat Conservation Plan, O‘ahu, Hawai‘i. Approved 2012. ......................... 20

Na Pua Makani Wind Energy Habitat Conservation Plan, O‘ahu, Hawai‘i. Approved 2019. .............. 24

Transportation Projects .......................................................................................................................... 26

Relocation of Abutilon menziesii Habitat Conservation Plan, Kapolei, O‘ahu. Approved 2004. ........ 26

Other Development Projects .................................................................................................................. 28

Cyanotech Aquaculture Facility Habitat Conservation Plan, Keahole Point, Hawai‘i. Approved 2003.

............................................................................................................................................................ 28

Daniel K. Inouye Solar Telescope (formerly the Advanced Technology Solar Telescope) Construction

Habitat Conservation Plan, Halekalā High Altitude Observatory Site, Maui, Hawai‘i. Approved 2011.

............................................................................................................................................................ 30

Kaua‘i Lagoons Habitat Conservation Plan, Kaua‘i, Hawai‘i. Approved 2012. .................................... 33

Relocation of Round-leaved Chaff Flower (Achyranthes splendens var. rotundata) Habitat

Conservation Plan, Kenai Industrial Park, Kapolei, O‘ahu, Hawai‘i. Approved 2014 .......................... 37

SUMMARY OF SAFE HARBOR AGREEMENTS AND ASSOCIATED INCIDENTAL TAKE

LICENSES ................................................................................................................................................. 39

Safe Harbor Agreement for Puʻu o Hōkū Ranch, Molokaʻi. .................................................................... 40

Programmatic Safe Harbor Agreement for Nēnē, Molokaʻi. .................................................................. 41

Safe Harbor Agreement for the Introduction of Nēnē to Piʻiholo Ranch, Maui. .................................... 42

Safe Harbor Agreement for the Reintroduction of Nēnē to Haleakalā Ranch, Maui. ............................ 44

Safe Harbor Agreement for the Koloa Maoli or Hawaiian Duck (Anas wyvilliana) and the Nēnē or

Hawaiian Goose (Branta sandvicensis) on Umikoa Ranch, Hawaiʻi Island. ............................................ 45

Safe Harbor Agreement for Kamehameha Schools, Keauhou and Kīlauea Forest Lands, Hawaiʻi Island

................................................................................................................................................................ 46

CONDITION OF THE ENDANGERED SPECIES TRUST FUND .................................................... 50

RECOMMENDATIONS TO FURTHER THE PURPOSES OF CHAPTER 195D, HRS ................ 51

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SUMMARY OF INCIDENTAL TAKE STATUS FOR ENDANGERED WILDLIFE

SPECIES COVERED BY HABITAT CONSERVATION PLANS

General locations for the HCPs are shown in Figure 1.

Figure 1. Habitat Conservation Plan Locations

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A summary of permit status combining take of all Covered Species of wildlife since ITLs were

issued is depicted in Figure 2a. The incidental take shown combines observed, modeled, and

indirect take to estimate a total take as of the end of FY 2019. This summary shows that for all

HCPs combined the total estimated take of Hawaiian Hoary Bats using an 80% upper confidence

estimate is slightly below the permitted take level. Estimated take of each of the other species is

substantially below the total permitted take level. There was no take of plant species in FY 2019

for the two HCPs that cover plant species. Those two HCPs permitted take of plants that

occurred during a limited timeframe and do not have ongoing take.

Figure 2a. Total permitted take, observed take, and estimated take (includes indirect take and, for

wind energy sites, modeled unobserved take at the 80% upper confidence level) of HCP-covered

wildlife species for all approved HCPs as of June 30, 2019.

0

50

100

150

200

250

HawaiianPetrel

Nēnē HawaiianHoary Bat

Newell'sShearwater

Hawaiianduck

Hawaiian Stilt HawaiianCoot

HawaiianMoorhen

Summary of Incidental Take as of the end of FY 2019

Total Permitted Total Estimated Observed

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Figure 2b. Total permitted take, observed take, and estimated take (includes indirect take and, for

wind energy sites, modeled unobserved take at the 80% upper confidence level) for the Hawaiian

Hoary Bat for approved HCPs on O‘ahu and Maui as of June 30, 2019.

0

20

40

60

80

100

120

140

160

Hawaiian Hoary Bat O‘ahu Hawaiian Hoary Bat Maui

Summary of Incidental Take as of the end of FY 2019

Total Permitted Total Estimated Observed

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SUMMARY OF HABITAT CONSERVATION PLANS AND ASSOCIATED

INCIDENTAL TAKE LICENSES BY PROJECT TYPE

Wind Energy Facilities and Structures

Kaheawa Pastures Wind Energy Generation Facility (KWP I) Habitat Conservation Plan, Maui, Hawai‘i. Approved 2006.

ITL Licensee: Kaheawa Wind Power, LLC (Terraform Power owns KWP, LLC)

Project: Twenty wind turbine generators (WTGs) with a total 30-

megawatt (MW) energy generating capacity

ITL Duration: January 30, 2006 – January 30, 2026 (as of end of

FY 2019, 13.5 years (67.5%) through the permit term)

Take Authorization Over 20-year Term:

Table 1. Take Authorization for KWP I.

Common Name Scientific Name Baseline

Limit

(Tier 1)1

Higher

Limit

(Tier 2)1

‘Ua‘u or Hawaiian Petrel Pterodroma sandwichensis 25 38

‘A‘o or Newell’s Shearwater Puffinus auricularis newelli 4 8

Nēnē or Hawaiian Goose Branta sandvicensis 60 n/a

‘Ōpe‘ape‘a or Hawaiian Hoary Bat Lasiurus cinereus semotus 20 50a 1Take authorization is delineated by Baseline and Higher Limits (Tiers). Upon reaching Higher Limits additional

mitigation measures or funding are triggered to ensure that mitigation keeps pace with take. aThis higher limit for the Hawaiian Hoary Bat was approved by minor amendment in 2016.

Status of ITL: Table 2 provides a listing of the HCP covered species fatalities during the

reporting period.

Table 2. Documented fatalities of HCP covered species during the reporting period.

Common Name FY19 Fatalities

Nēnē 2

Hawaiian Hoary Bat 1

Hawaiian Petrel 1

Beginning in April 2015 the downed wildlife search area was reduced relative to the previous ten

years and now consists of graded roads and WTG pads found within a 70-meter radius circle

centered on each turbine. Beginning in October 2015 canine-assisted searching was

implemented, with visual searching as a secondary method.

Kaheawa Wind Power project in

West Maui above Ma‘alaea.

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Figure 3. Location of Kaheawa Wind Power I HCP and Mitigation Sites

Table 3 provides an estimate of the overall total adjusted take that has occurred since KWP I ITL

issuance. The take rate through FY 2019 for Nēnē is slightly above the rate that would keep the

project under the permitted take. Take rates for the petrel and bat are below the rates that would

exceed permitted take.

In addition to the total estimated take, accrued lost productivity from mortality of individuals due

to the lag in mitigation are also evaluated and mitigated for, but are not counted against

permitted take levels. Accrued lost productivity calculations for Hawaiian Petrel and Nēnē are

13.9 and 9.7 individuals, respectively (subject to rounding up). Although not listed as

endangered on Maui it is noteworthy that 16 fatalities of the Hawaiian Short-eared Owl (Pueo)

have been reported in the KWP I project vicinity since the ITL was issued, all prior to FY 2019.

Reports indicate that the majority of the fatalities, not necessarily all, are due to project

operations.

Table 3. Total observed fatalities and estimated total take since ITL issuance under the KWP I ITL as of

June 30, 2019.

Common Name Total

Observed

Take1

Estimated

Unobserved Take2 Indirect Take using

HCP multipliers Total Estimated

Take

Hawaiian Petrel 7 9 4 20

Nēnē 25 17 2 44

Hawaiian Hoary Bat 12 14 4 30

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1 Excludes takes that were incidental and not observed during systematic monitoring (incidental takes are evaluated

as part of the EoA modeling software and therefore accounted for in the unobserved take). 2 Based on the 80% credible maximum using the following model: Dalthorp, D., M. M. P. Huso, and D. Dail. 2017.

Evidence of absence (v 2.0) software user guide: U.S. Geological Survey Data Series 1055.

Mitigation Status:

Hawaiian Petrel & Newell’s Shearwater. Mitigation for the two seabird species (Hawaiian

Petrel and Newell’s Shearwater) is being implemented in conjunction with Kaheawa Wind

Power II. The primary mitigation entails management of two constructed (approximately four

acres) predator-free fenced enclosures (one for each species), provisioned with artificial burrows

and social attraction, at the Makamaka‘ole site in West Maui. Three species of seabirds,

Hawaiian Petrel, Newell’s Shearwater, and Bulwer’s Petrel or ‘Ou (Bulweria bulwerii), have

frequented burrows within both enclosures between the months of March and October since June

22, 2015. Cameras have been in place at 11 nest boxes known to be visited. Only Newell’s

Shearwater and Bulwer’s Petrel nesting activity has been observed in FY 2019.

Work in FY 2019 at Makamaka‘ole included predator trapping and tracking, ongoing

maintenance of both enclosures, artificial burrow checks, and game camera operation.

A total of 82 traps were deployed at Makamaka‘ole in FY 2019. A total of 57 mongooses, 50

rats, and five mice were captured. All of the mongooses were captured outside the enclosures

while eight of the rats and all five mice were captured inside the enclosures. To understand the

magnitude of the threat presented by barn owls in the area 25 surveys were conducted in FY

2019. Two owls were confirmed hit with shotgun loads, however removal was unconfirmed.

To mitigate for the loss of productivity accrued from Hawaiian Petrel estimated take not yet

mitigated for, additional Hawaiian Petrel nesting colony assessment and predator control by

Pūlama Lāna'i on Lāna'i Island has been funded and arranged through the USFWS. Funds were

provided to a dedicated account with the National Fish and Wildlife Foundation (NFWF).

Nene. Nēnē baseline mitigation continued through funding operation of the Haleakala Ranch

pen in FY 2019 in conjunction with Kaheawa Wind Power II. Nēnē fledgling production in FY

2019 credited to KWP I and II was four goslings.

Hawaiian Hoary Bat. Baseline mitigation for 20 bats is complete. A mitigation project that will

account for take of 15 of the authorized additional take of 30 bats began May 2017. This

mitigation project consists of Hawaiian Hoary Bat ecological research in East Maui, contracted

to H.T. Harvey Ecological Consultants. An annual report describing this research was pending

at the time of this report. The contract total cost is $750,000, and funding was completed with a

payment of $172,000 in FY 2019. The Project is also partially funding another Hawaiian Hoary

Bat ecological research project on Hawai‘i Island contracted to the U.S. Geological Survey

Hawaiian Hoary Bat Research Group that began in FY 2018. The project contribution to this

contract will be $750,000 by mid-2021 and accounts for take of the remaining 15 bats of the

amended total.

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Kaheawa Wind Power II Wind Energy Generation Facility (KWP II) Habitat Conservation Plan, Maui, Hawai‘i. Approved 2012.

ITL Licensee: Kaheawa Wind Power, LLC (Note that Terraform Power owns KWP II, LLC)

Project: Fourteen WTGs with a total 21-MW energy

generating capacity. Project is adjacent and downslope of

KWP I

ITL Duration: January 5, 2012 – January 30, 2032 (as of end

of FY 2019, 7.5 years (37.5 %) through the permit term)

Take Authorization Over 20-year Term:

Table 4. Take Authorization for KWP II.

Common Name Scientific Name Level of

Take1

5-year Limit 20-year Limit

‘Ua‘u or Hawaiian Petrel Pterodroma

sandwichensis

Tier 1 8 adults/

juveniles & 4

chicks/eggs

19 adults/

juveniles & 9

chicks/eggs

Tier 2 16 adults/

juveniles & 8

chicks/eggs

29 adults/

juveniles & 14

chicks/eggs

‘A‘o or Newell’s Shearwater Puffinus auricularis

newelli

Tier 1 2 adults/

juveniles & 2

chicks/eggs

2 adults/

juveniles & 2

chicks/eggs

Tier 2 5 adults/

juveniles & 3

chicks/eggs

5 adults/

juveniles & 3

chicks/eggs

Nēnē or Hawaiian Goose Branta sandvicensis

Tier 1 8 adults/

juveniles & 1

fledgling

18 adults/

juveniles & 3

fledglings

Tier 2 12 adults/

juveniles & 3

fledgling

27 adults/

juveniles & 3

fledgling

‘Ōpe‘ape‘a or Hawaiian

Hoary Bat2

Lasiurus cinereus

semotus

Tier 1 7 individuals 7 individuals

Tier 2 11 individuals 11 individuals 1 Take authorization is delineated by Tiers. Upon reaching higher Tiers additional mitigation measures or funding

are triggered to ensure that mitigation keeps pace with take. 2 Minor amendment to clarify permitted bat take processed on November 26, 2014.

Kaheawa Wind Power II project

in West Maui above Ma‘alaea.

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Figure 4. Location of Kaheawa Wind Power II HCP and Mitigation Sites

Status of ITL: Table 5 provides a listing of the HCP covered species fatalities during the

reporting period. One Nēnē and one Hawaiian Hoary Bat fatality were observed in FY 2019.

The Nēnē was found outside the designated search area. The bat was found incidentally by a

worker and not on an official search.

Table 5. Documented fatalities of HCP covered species during

the reporting period. Common Name FY19 Fatalities

Nēnē 1

Hawaiian Hoary Bat 1

The incidental take authorized includes both observed and unobserved take, including indirect

take that occurs when an adult individual is taken during its respective breeding season. Table 6

provides an estimate of the overall total adjusted take that has occurred since KWP II ITL

issuance. In addition to the total estimated take, accrued lost productivity from mortality of

individuals due to the lag in mitigation are also evaluated and mitigated for, but are not counted

against permitted take levels. Accrued lost productivity for Nēnē is 3.2 individuals.

Beginning in July 2015 the search plot areas were reduced in size relative to the size of plots

searched prior to July 2015. The reduced search area includes only roads and graded WTG pads

found within a circle of radius 70 meters centered on each WTG. Canine-assisted searching in

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FY 2019 was the primary search method accounting for 100% of the downed wildlife monitoring

searches.

Table 6. Total observed fatalities and estimated total take since ITL issuance covered under the KWP II

ITL as of June 30, 2019. Common Name Total

Observed

Take1

Estimated

Unobserved Take2

Indirect Take using

HCP multipliers

Total Estimated

Take

Nēnē 6 8 1 15

Hawaiian Hoary Bat 3 9 1 13 1 Excludes takes that were incidental and not observed during systematic monitoring (incidental takes are evaluated

as part of the EoA modeling software and therefore accounted for in the unobserved take). 2 Based on the 80% credible maximum using the following model: Dalthorp, D., M. M. P. Huso, and D. Dail. 2017.

Evidence of absence (v 2.0) software user guide: U.S. Geological Survey Data Series 1055

The total estimated take of 13 bats (with 80% statistical certainty) exceeds both the Tier 1 and

Tier 2 permitted take levels for bats. The total estimated take of 15 Nēnē (with 80% statistical

certainty and indirect take) is occurring at a rate that could exceed the total permitted take for the

Nēnē. KWP II has submitted an amended HCP to the agencies for review and an approved

amended HCP is expected in FY 2020.

Mitigation Status:

Hawaiian Petrel and Newell’s Shearwater. Mitigation for the two seabird species (Hawaiian

Petrel and Newell’s Shearwater) is being implemented in conjunction with Kaheawa Wind

Power I. Tier 1 mitigation for estimated seabird take at the project continues at the

Makamaka‘ole seabird enclosures. These efforts include trapping and monitoring for potential

predators, maintenance of enclosure fences, erosion control, and monitoring seabird activity

within the Makamaka‘ole Stream drainage area and near artificial burrows within the enclosures.

Site surveys of an alternative seabird mitigation site, as required by the HCP, were completed in

East Maui in FY 2016.

Nēnē. Nēnē mitigation contracted to DOFAW for Tier 1 estimated take has been funded for two

years and began March 2017. During FY 2019 KWP II provided part-year funding at the

Pi’iholo Ranch Nēnē release pen, and part-year funding at the Haleakala Ranch pen in

conjunction with KWP I. The Pi’iholo Ranch Nēnē pen produced 15 goslings in FY 2019, of

which a proportion to be determined will be credited to KWP II. Nēnē fledgling production at

Haleakala Ranch pen in FY 2019 credited to KWP I and II was four goslings.

Hawaiian Hoary Bat. In accordance with the KWP II HCP, baseline mitigation for the Hawaiian

Hoary Bat was implementation of bat habitat improvement measures on at least 338 acres.

Mitigation for Tier 1 and Tier 2 estimated bat take has been completely funded and continues as

vegetation out-planting at Kahikinui State Forest Reserve. Mitigation for higher estimated take

in the form of bat ecological research on Hawai‘i Island has been contracted. This work is

intended to better inform future bat habitat restoration and conservation and began in FY 2018

by the U.S. Geological Survey Hawaiian Hoary Bat research group.

Pueo. Although the Pueo is not a listed species on Maui, KWP II included Pueo in their HCP

and provided mitigation compensation in the form of $25,000 paid to DOFAW in FY 2013 to

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be directed toward Pueo research efforts on O‘ahu. With these and other funds DOFAW funded

a Pueo research project in 2017 on O‘ahu which was completed in FY 2018 and can be viewed at

https://www.pueoproject.com.

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Auwahi Wind Energy Habitat Conservation Plan, Maui, Hawai‘i. Approved 2012.

ITL Licensee: Auwahi Wind Energy, LLC (owned by American

Electric Power Company, Inc.)

Project: Eight WTGs with a total 21-MW energy generating

capacity

ITL Duration: February 9, 2012 – February 9, 2037 (as of end

of FY 2019, 7.5 years (30%) through the permit term)

Figure 5. Location of Auwahi HCP and Mitigation Sites

Auwahi Wind Power, Maui

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Take Authorization Over 25-year Term:

Table 7. Take Authorization for Auwahi Wind HCP.

Common Name Scientific Name Level of Take 25-year Limit8

‘Ua‘u or Hawaiian Petrel Pterodroma

sandwichensis

Tier 1 19 adults/ immatures & 7

chicks/eggs

Tier 2 32 adults/ immatures & 12

chicks/eggs

Tier 3 64 adults/ immatures & 23

chicks/eggs

Nēnē or Hawaiian Goose Branta sandvicensis Length of

permit

5 adults/ immatures

‘Ōpe‘ape‘a or Hawaiian

Hoary Bat1

Lasiurus cinereus

semotus

Tier 1 6 individuals

Tier 2 11 individuals

Tier 3 21 individuals

Blackburn’s Sphinx Moth Manduca blackburni Not applicable 28-acres permanently disturbed

habitat is an index of take 1 Take authorization for bats are converted to adult bats based on HCP and clarified by email from J.

Charier of USFWS to Marie VanZandt of Auwahi on March 2, 2015.

Status of ITL: Table 8 provides a listing of HCP covered species fatalities at the Auwahi Wind

Energy facility during FY 2019. One Hawaiian Petrel and four Hawaiian Hoary Bat fatalities

were observed in FY 2019. One of the Hawaiian Hoary Bats was found outside the designated

search area. The Hawaiian Petrel take occurred at the petrel mitigation site.

Table 8. Documented fatalities of HCP covered species and species of

concern at Auwahi during the reporting period. Common Name Scientific Name FY19 Fatalities

Hawaiian Hoary Bat Lasiurus cinereus semotus 4

Hawaiian Petrel Pterodroma sandwichensis 1

Table 9 provides an estimate of the overall total adjusted take that has occurred since Auwahi

Wind ITL issuance.

Table 9. Total observed fatalities since ITL issuance and estimated total adjusted take covered under the

Auwahi Wind Energy ITL as of June 30, 2019. Common Name Total Observed

Take1

Estimated

Unobserved Take2

Indirect Take Total Adjusted Take

Hawaiian Hoary Bat 20 26 4 50

Hawaiian Petrel 2 2 3 7

1 Excludes takes that were incidental and not observed during systematic monitoring (incidental takes are evaluated

as part of the EoA modeling software and therefore accounted for in the unobserved take). 2 Based on the 80% credible maximum using the following model: Dalthorp, D., M. M. P. Huso, and D. Dail. 2017.

Evidence of absence (v 2.0) software user guide: U.S. Geological Survey Data Series 1055.

The total estimated take of 46 bats (with 80% statistical certainty and indirect take) exceeded the

total permitted take for bats. Auwahi Wind submitted an amended HCP and associated ITL to

the agencies for review in FY 2019. The amended HCP was approved in FY 2020 and the

adjusted take authorization will be reflected in the FY 2020 version of this report.

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Mitigation Status:

Hawaiian Petrel. Mitigation for take of Hawaiian Petrels in FY 2019 (2018 breeding season)

consisted of continued petrel burrow monitoring at Kahikinui Forest Reserve to obtain an

estimate of the number of active petrel burrows and reproductive (fledging) success. As in

previous years, all monitoring protocols followed methods used by the National Park Service.

New burrows located were marked, mapped, and added to the monitoring dataset. In the most

recent breeding season, 72 petrel burrows were being monitored, 31 of which showed signs of

consistent activity. Nine burrows successfully fledged a chick.

The predator control strategy continued to assess rat and mongoose activity across the entire

management area. Traps which were checked and baited every two weeks were operational

year-round. Trapping resulted in the removal of 70 mice, 45 rats, and one mongoose.

Nēnē. Auwahi Wind provided a one-time payment of $25,000 to the Haleakalā National Park on

April 17, 2012, to cover mitigation expenses for the Hawaiian Goose.

Hawaiian Hoary Bat. Tier 1 mitigation for the Hawaiian Hoary Bat consists of the restoration of

approximately 132 acres of pastureland in the Waihou Mitigation Area (the Pu‘u Makua parcel)

to create roosting and foraging habitat for the Hawaiian Hoary Bat. Restoration of this area

included a perimeter fence and the removal of ungulates. The fence was inspected quarterly in

FY 2019 and is in good condition. Invasive plant species control is continuing to meet success

criteria targets. Outplant survival was measured at 87 percent in 2017 (out of 13,651 originally

outplanted native plants) and in FY 2019 replanting to replace all lost plants continued. FY 2018

(Year 3) monitoring of percent vegetative cover along all transects showed an overall percent

cover of native woody vegetation of 24 percent. The next vegetation monitoring will be

conducted in FY 2020.

Tier 2 mitigation is completed. Auwahi worked with Frank Bonaccorso of the U.S. Geological

Survey (USGS) to develop a research project combining radio telemetry and acoustic monitoring

to track the success of mitigation efforts at Waihou, as well as to provide more information on

the ecology of the Hawaiian Hoary Bat. Implementation of the plan began in March 2015 with

the deployment of six acoustic detectors. Monitoring occurred under Tier 2 for one year and

results have been reported previously.

The final report was provided in FY 2019 for the Tier 3 bat mitigation study conducted by USGS

in the Pu‘u Makua Restoration Area within the Waihou mitigation area. Results were reported

for bat activity using ten acoustic monitoring stations and by evaluation of the insect prey base

and food habits of the bat from March 2015 to March 2018. Bat activity was detected at all

stations with the percent of nights with bat activity ranging from 49 to 98 percent, and higher

levels of bat activity at the higher elevation Waihou monitoring stations.

A seasonal pattern of higher bat activity was observed during the bat birthing and pup rearing

season from May to October at Waihou, and from July to October at the Auwahi wind turbines.

The results demonstrated a lower nightly prevalence of bats and lower foraging activity in winter

2017 than in winter 2016, although inter-annual variability can be typical of acoustic surveys.

Eleven bats of both sexes, including one lactating and two pregnant females, were captured in

mist nets at the mitigation site and eight were radio-tagged. However, the site terrain and radio

interference were not conducive for radio-tracking and data collected were not useful. Over 30

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species and morpho-species of Lepidopterans (moths) were collected from malaise and light

traps and sampling of vegetation, including restoration plantings, identified the presence of a

variety of additional moths and beetles. Due to the lack of success with radio telemetry, adaptive

management shifted the project toward insect prey base and food habitat assessment objectives

and additional acoustic monitoring.

Results indicate a Lepidopteran and Coleopteran (beetle) prey base for bats currently exists in the

Waihou vicinity, and within the Pu‘u Makua Restoration Area, and the detection of feeding

buzzes at all sampling sites in Waihou indicates the area is used by foraging bats. Genetic

analysis showed Lepidopterans as the primary component in the diet of bats captured at the

Waihou mitigation area, with some bats’ guano samples composed entirely of moths, but a

variety of other insect species were also consumed. Notably the pregnant females’ samples also

contained proportions of less maneuverable prey such as beetles. The study confirmed the

Hawaiian Hoary Bat is a feeding generalist consuming both native and non-native insect species.

Blackburn’s Sphinx Moth. Baseline mitigation for Blackburn’s Sphinx Moth consisted of a

contribution of $144,000 to the Leeward Haleakalā Watershed Restoration Partnership in 2012,

to restore dryland forest by planting the equivalent of six acres of native endangered ‘Aiea

(Nothocestrum latifolium) throughout the Auwahi Forest Restoration Project. ‘Aiea is known to

serve as a host plant for the endangered Blackburn’s Sphinx Moth. In FY 2019 the goal of

planting 1,500 ‘Aiea plants on 11 acres was reached and Auwahi Forest Restoration Project

fulfilled the MOU requirements. During FY 2019 six tree tobacco (Nicotiana glauca) plants, a

non-native invasive host plant for the moth, were removed from the wind farm site. No larvae

were detected during visual surveys of tree tobacco in FY 2019.

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Kahuku Wind Power Habitat Conservation Plan, O‘ahu, Hawai‘i. Approved 2010.

ITL Licensee: Kahuku Wind Power, LLC (Note that Terraform Power owns Kahuku, LLC)

Project: Twelve WTGs with a total 30-MW energy

generating capacity

ITL Duration: June 7, 2010 – June 7, 2030 (as of end

of FY 2019, 9 years (45%) through the permit term)

Take Authorization Over 20-year Term:

Table 10. Take Authorization for Kahuku Wind HCP.

Common Name Scientific Name Level of

Take1

Annual

Take

Limit2

5-year

Take

Limit3

20-year

Take

Limit3

‘Ua‘u or Hawaiian Petrel Pterodroma sandwichensis

Baseline 4 8 adults/

juveniles

8 adults/

juveniles

Higher 8 12 adults/

juveniles

12 adults/

juveniles

‘A‘o or Newell’s

Shearwater

Puffinus auricularis

newelli

Baseline 3 9 adults/

juveniles

12 adults/

juveniles

Higher 6 12 adults/

juveniles

18 adults/

juveniles

Koloa Maoli

or Hawaiian Duck Anas wyvilliana

Baseline 4 12 adults/

juveniles

16 adults/

juveniles

Higher 8 16 adults/

juveniles

24 adults/

juveniles

Ae‘o or Hawaiian Stilt Himantopus mexicanus

knudseni

Baseline 3 9 adults/

juveniles

12 adults/

juveniles

Higher 6 12 adults/

juveniles

18 adults/

juveniles

‘Alae Ke‘oke‘o

or Hawaiian Coot Fulica alai

Baseline 3 9 adults/

juveniles

12 adults/

juveniles

Higher 6 12 adults/

juveniles

18 adults/

juveniles

‘Alae ‘Ula

or Hawaiian Moorhen

Gallinula chloropus

sandvicensis

Baseline 4 10 adults/

juveniles

14 adults/

juveniles

Higher 7 14 adults/

juveniles

20 adults/

juveniles

‘Ōpe‘ape‘a

or Hawaiian Hoary Bat4 Lasiurus cinereus semotus

Baseline 7 14

individuals

16

individuals

Higher 14 16

individuals

25

individuals

Pueo

or Hawaiian Owl

Asio flammeus

sandwichensis

Baseline 4 12 adults 16 adults

Higher 8 16 adults 24 adults 1 Take authorization is delineated by Baseline and Higher Limits (Tiers). Upon reaching Higher Limits additional

mitigation measures or funding are triggered to ensure that mitigation keeps pace with take. 2 Exceeding the Annual Take Limit (including observed and unobserved take) will require one or more of the

following: adaptive management, increased mitigation, or a major ITL amendment. 3 “5-Year” and “20-year” take limits are cumulative for the respective period of years. 4 Minor amendment to clarify permitted bat take processed on November 26, 2014.

Kahuku facility on the North Shore of

O‛ahu.

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Figure 6. Location of Kahuku HCP and Mitigation Sites

Status of ITL: There were no fatalities of an HCP covered species at Kahuku Wind Power

during FY 2019. There were no documented fatalities of species listed as threatened or

endangered in Hawai‘i at the Kahuku Wind Power facility during the FY 2019 reporting period.

Table 11 provides an estimate of the overall total adjusted take that has occurred since Kahuku

Wind ITL issuance.

Table 11. Total observed fatalities and estimated total take since ITL issuance under the Kahuku Wind

Power ITL as of June 30, 2019. Common Name Total

Observed

Take

Estimated

Unobserved Take1

Indirect Take using

HCP multipliers

Total Estimated

Take

Hawaiian Hoary Bat 4 5 2 11 1 Based on the 80% credible maximum using the following model: Dalthorp, D., M. M. P. Huso, and D. Dail. 2017.

Evidence of absence (v 2.0) software user guide: U.S. Geological Survey Data Series 1055.

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Mitigation Status:

Hawaiian Petrel & Newell’s Shearwater. In accordance with the Kahuku Wind HCP, the

seabird mitigation plan for Newell’s Shearwater and Hawaiian Petrel requires the ITL holder to

fund seabird colony-based protection and management measures on the island of Kaua‘i. Kahuku

Wind also funded the Kaua‘i Endangered Seabird Recovery Project to deploy and then analyze

data from Wildlife Acoustics SM2TM Song-meters at multiple locations in Kaua‘i’s remote

mountains to survey for Newell’s Shearwater and Hawaiian Petrel nesting colonies. All seabird

mitigation work was completed prior to FY 2019.

Hawaiian Stilt, Hawaiian Coot, Hawaiian Moorhen,

and Hawaiian Duck. Baseline mitigation for the

four waterbird species covered under the ITL

consisted of payments to DOFAW to conduct

predator control and wetland restoration at Hamakua

Marsh, part of the State’s Kawainui-Hamakua Marsh

Complex, for four years from FY 2012-2015. All

waterbird mitigation work was completed prior to

FY 2019.

Hawaiian Hoary Bat. In accordance with the

Kahuku Wind HCP, baseline bat mitigation

consisted of a $150,000 payment to DOFAW

(procured on May 31, 2012) for preserving or enhancing foraging and/or roosting habitat by

constructing an ungulate-proof fence around a roughly 280-acre section of the State Kahikinui

Forest Reserve and State Nakula Natural Area Reserve. In FY 2015, approximately 2,500

meters of fence were installed to enclose the unit.

Pueo. Obligations for Pueo mitigation were complete prior to FY 2016. These included

payments of $50,000 for Pueo research on O‘ahu aimed at determining population status and

management priorities. With these and other funds DOFAW has funded a Pueo research project

in 2017 on O‘ahu which was completed in FY 2018 and can be viewed at

https://www.pueoproject.com. Funding of $25,000 was also provided to the Hawaii Wildlife

Center prior to FY 2019.

‘Alae ‘Ula or Hawaiian Moorhen swimming

at Hamakua Marsh

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Kawailoa Wind Power Habitat Conservation Plan, O‘ahu, Hawai‘i. Approved 2012.

ITL Licensee: Kawailoa Wind Power, LLC (Note that DESRI IV, LLC now owns Kawailoa Wind Power,

LLC; it is an investment fund managed by D.E. Shaw Renewable

Investments, LLC)

Project: Thirty WTGs with a total 69-MW energy

generating capacity

ITL Duration: January 6, 2012 – January 6, 2032 (as

of end of FY 2019 7.5 years (37.5 %) through the

permit term)

Figure 7. Location of Kawailoa HCP and Mitigation Sites

Kawailoa Wind Power, O‘ahu

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Take Authorization Over 20-year Term:

Table 12. Take Authorization for Kawailoa Wind HCP.

Common Name Scientific Name Level of

Take1

5-year Take Limit2 20-year Take

Limit

‘A‘o or Newell’s

Shearwater

Puffinus

auricularis newelli

Tier 1 3 adults/ juveniles &

2 chicks/eggs

3 adults/ juveniles

& 2 chicks/eggs

Tier 2 6 adults/ juveniles &

3 chicks/eggs

6 adults/ juveniles

& 3 chicks/eggs

Koloa Maoli or Hawaiian

Duck Anas wyvilliana

Tier 1 4 adults/ juveniles &

4 ducklings

4 adults/ juveniles

& 4 ducklings

Tier 2 6 adults/ juveniles &

6 ducklings

6 adults/ juveniles

& 6 ducklings

Ae‘o or Hawaiian Stilt

Himantopus

mexicanus

knudseni

Tier 1 6 adults/ juveniles &

3 fledglings

8 adults/ juveniles

& 4 fledglings

Tier 2 8 adults/ juveniles &

4 fledglings

12 adults/ juveniles

& 6 fledglings

‘Alae Ke‘oke‘o or

Hawaiian Coot Fulica alai

Tier 1 6 adults/ juveniles &

3 fledglings

8 adults/ juveniles

& 4 fledglings

Tier 2 8 adults/ juveniles &

4 fledglings

12 adults/ juveniles

& 6 fledglings

‘Alae ‘Ula or Hawaiian

Moorhen

Gallinula

chloropus

sandvicensis

Tier 1 6 adults/ juveniles &

3 fledglings

8 adults/ juveniles

& 4 fledglings

Tier 2 8 adults/ juveniles &

4 fledglings

8 adults/ juveniles

& 4 fledglings

‘Ōpe‘ape‘a or Hawaiian

Hoary Bat3

Lasiurus cinereus

semotus

Tier 1 20 individuals 20 individuals

Tier 2 40 individuals 40 individuals

Tier 3 60 individuals 60 individuals

Pueo or Hawaiian Owl Asio flammeus

sandwichensis

Tier 1 4 adults & 4 owlets 4 adults & 4 owlets

Tier 2 6 adults & 6 owlets 6 adults & 6 owlets

1Take authorization is delineated by Baseline and Higher Limits (Tiers). Upon reaching Higher Limits additional

mitigation measures or funding are triggered to ensure that mitigation keeps pace with take. 2Exceeding the 5-year Take Limit (including observed and unobserved take) will require one or more of the

following: adaptive management, increased mitigation, or a major ITL amendment. 3 Minor amendment to clarify permitted bat take processed on November 26, 2014.

Status of ITL: Table 13 provides a listing of HCP covered species fatalities at the Kawailoa

Wind Power facility during FY 2019.

Table 13. Documented fatalities of HCP covered species and one

endangered species not covered at Kawailoa Wind Power during the

reporting period. Common Name FY19 Fatalities

Hawaiian Hoary Bat 5

Hawaiian Petrel (Pterodroma sandwichensis) 1

Table 14 provides an estimate of the overall total adjusted take that has occurred since Kawailoa

Wind ITL issuance.

Table 14. Total observed fatalities and estimated total take since ITL issuance under the Kawailoa Wind

Power ITL as of June 30, 2019. Common Name Total Observed

Take1

Estimated

Unobserved Take2

Indirect Take using

HCP multipliers

Total Estimated

Take

Hawaiian Hoary Bat 38 41 9 88

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Hawaiian Petrel 2 ND ND ND 1 Excludes hoary bat takes that were incidental and not observed during systematic monitoring (incidental takes are

evaluated as part of the EoA modeling software and therefore accounted for in the unobserved take). 2 Based on the 80% credible maximum using the following model: Dalthorp, D., M. M. P. Huso, and D. Dail. 2017.

Evidence of absence (v 2.0) software user guide: U.S. Geological Survey Data Series 1055.

ND - Not determined.

With completion of three years of intensive monitoring in November 2015 and concurrence from

the USFWS and DOFAW, fatality-monitoring plots were reduced in size on November 1, 2015

to 35m radius circular plots. These plots are centered on the wind turbine generators (WTGs)

and searched twice per week.

The total estimated take of 88 bats (with 80% statistical certainty and indirect take) exceeds the

total permitted take for bats. Kawailoa has submitted an application and amended HCP to the

agencies for review and approval. The amendment decision had not been made as of the end of

FY 2019.

To minimize Hawaiian Hoary Bat take, in FY 2019 Kawailoa Wind reduced the number of

turbine stop/start events per night by extending the rolling average time used from 10 to 20

minutes. Additionally, Kawailoa Wind installed acoustic deterrents at all 30 project turbines in

May and June 2019.

Mitigation Status:

Newell’s Shearwater. Tier 1 mitigation for Newell’s Shearwater as described in the HCP

consisted of (1) providing funding for adapting a resetting trap for use in Hawai‘i, (2) field

testing traps at a suitable location where predators are known to occur, and (3) supporting a one-

year pilot study to provide localized predator control in an area where Newell’s Shearwater are

known to be breeding. Item number three was completed for a project on Kaua‘i. Projects that

fulfilled these obligations were completed by end of FY 2015.

Hawaiian Duck, Hawaiian Stilt, Hawaiian Moorhen, & Hawaiian

Coot. The ‘Uko‘a Wetland mitigation program for Tier 1

mitigation continued for waterbirds. In FY 2019, activities

associated with Tier 1 included invasive vegetation removal,

predator control, monitoring predator presence, and fence

monitoring and maintenance. In FY 2019, a total of 192 predators

were removed from ‘Uko‘a Wetland including 42 pigs, 136

mongoose, two cats, and 12 rats. A total of 41 weekly waterbird

surveys were completed in FY 2019 at ‘Uko‘a Wetland and the

Hawaiian Moorhen was the listed waterbird species most

frequently detected during surveys. In FY 2019, moorhens were

recorded at PC stations 3-8, but not stations 1 and 2. Moorhens

(either adults or chicks) were observed or heard on all survey

dates, except one survey date in August. No Hawaiian Coots

were seen in FY 2019. Six detections of adult Hawaiian Stilts

were made on two survey dates in FY 2019 (down from 27 on 11

survey dates in FY 2018). No Hawaiian Stilt breeding activity

was observed in FY 2019.

Water hyacinth within removal area

before removal work was initiated

(Top), and after removal was

complete (Bottom).

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Hawaiian Hoary Bat. In FY 2018, activities associated with Tier 1 included invasive vegetation

removal, bat lane construction, and bat acoustic

monitoring. A total of 16 bat lanes within 10 zones were

cleared in previous years throughout ‘Uko‘a Wetland.

Bat lane maintenance occurred in Q2 and Q4 of FY 2019

and consists of cutting branches and trees that regrow

within the 5-meter wide bat lanes. Hawaiian Hoary Bats

were detected on 466 of 3,373 detector-nights (13.8% of

detector nights) at ‘Uko‘a in FY 2019. This represents a

slight decrease from FY 2018, which documented

detections on 14.7% of detector-nights. Bat activity

appears to have increased at ‘Uko‘a Wetland since

sampling began in 2012, with the highest detection rates

occurring in the last two years of sampling (0.143 in FY 2018 and 0.138 in FY 2019) after

aquatic vegetation was removed and bat lane construction began. Detection of feeding buzzes

also increased after the mitigation.

Kawailoa Wind has contracted three studies as Tier 2/3 bat mitigation. The results of one USGS

research project were published in an article titled “Multi-state occupancy models of foraging

habitat use by the Hawaiian hoary bat (Lasiurus cinereus semotus)” in the Journal PLoS ONE

in October 2018. The primary findings reported by Gorresen et al. (2018) include: 1) elevated

levels of acoustic activity by Hawaiian Hoary Bats were found to be related primarily to beetle

biomass, and 2) video-derived observations demonstrated higher and more accurate estimates of

the prevalence of high bat flight activity and feeding events than acoustic sampling methods.

The objectives of the USGS Hawaiian Hoary Bat Conservation Genetics study are to improve the

understanding of the genetic diversity of the Hawaiian Hoary Bat, identify bat prey items, and

identify the sex of bat carcasses and any sex-specific food habits. A technical report was

published for this study in November 2018. During FY 2019, this research determined the sex of

88 Hawaiian Hoary Bat tissue samples using genotyping, which allows for more reliable

evaluation of the ratio of males to females affected by collisions with wind turbines. The results

indicate that 65% of observed fatalities at the sampled wind farms have been male. The third

study, conducted by Western EcoSystems Technology Inc., is a multi-year Hawaiian Hoary Bat

Acoustic Surveys study to examine the distribution and seasonal occupancy of the Hawaiian

Hoary Bat on O‘ahu. The Year 1 Status Report for the study (covering results from June 8, 2017

to June 29, 2018) indicated highest detection frequencies in the northern Koʻolau Mountains and

the highest elevation areas of the Waianae Mountains.

Funding the above-listed Tier 2/3 studies leaves an outstanding obligation of $353,702 for Tier 3

bat mitigation. To fulfill the remaining uncommitted funding obligation, Kawailoa Wind will

contribute the remaining funds towards the purchase of the 3,716-acre Waimea Native Forest, an

acquisition through a partnership that includes The Trust for Public Land and others.

Pueo. A contribution of $12,500 was made to the Hawai‘i Wildlife Center for Pueo

rehabilitation in FY 2012. An additional $12,500 was provided to DOFAW to complete the

mitigation obligation in the second quarter of FY 2017. With these and other funds DOFAW

funded a Pueo research project in 2017 on O‘ahu which was completed in FY 2018 and can be

viewed at https://www.pueoproject.com.

Female Hawaiian Hoary Bat caught

at ´U´koa Wetland, Oahu.

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Na Pua Makani Wind Energy Habitat Conservation Plan, O‘ahu, Hawai‘i. Approved 2019.

ITL Licensee: Na Pua Makani Power Partners, LLC

Project: Up to nine WTGs with a total 25-MW energy generating

capacity (not yet constructed as of end of FY19)

ITL Duration: April 30, 2019 – March 31, 2041

Figure 8. Location of Na Pua Makani HCP and Mitigation Site

Na Pua Makani Power, Oahu

1

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Take Authorization Over 25-year Term:

Table 15. Take Authorization for Auwahi Wind HCP.

Common Name Scientific Name Level of Take 25-year Limit8

‘Ua‘u or Hawaiian Petrel Pterodroma

sandwichensis

Tier 1 19 adults/ immatures & 7

chicks/eggs

Tier 2 32 adults/ immatures & 12

chicks/eggs

Tier 3 64 adults/ immatures & 23

chicks/eggs

Nēnē or Hawaiian Goose Branta sandvicensis Length of

permit

5 adults/ immatures

‘Ōpe‘ape‘a or Hawaiian

Hoary Bat1

Lasiurus cinereus

semotus

Tier 1 6 individuals

Tier 2 11 individuals

Tier 3 21 individuals

Blackburn’s Sphinx Moth Manduca blackburni Not applicable 28-acres permanently disturbed

habitat is an index of take 1 Take authorization for bats are converted to adult bats based on HCP and clarified by email from J.

Charier of USFWS to Marie VanZandt of Auwahi on March 2, 2015.

Status of ITL: Project under construction. There are no takes to date.

Mitigation Status: Not started.

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Transportation Projects

Relocation of Abutilon menziesii Habitat Conservation Plan, Kapolei, O‘ahu. Approved 2004.

ITL Licensee: Hawai‘i Department of Transportation

Project: Development of 1,381-acre East Kapolei Master

Plan project and construction of the North-South Road

arterial highway planned to bisect the property

ITL Duration: March 18, 2005 – July 31, 2021 (as of end

of FY 2019, 14.7 years (87.8 %) through the permit term)

Figure 9. Location of Abutilon HCP and Mitigation Sites

Take Authorization:

Table 16. Take Authorization for Abutilon HCP.

Common Name Scientific Name Total Authorized Over ITL Duration

Ko‘oloa‘ula Abutilon menziesii All individual plants within the 1,381-acre project area

Status of ITL: All plants have been moved. Five mitigation sites are being established and a

genetic repository location contains plants with genetic representation of the plants moved. A

Contingency Reserve Area has been established with additional plantings to remain until success

has been confirmed at the three mitigation sites.

Ko‘oloa‘ula (Abutilon menziesii),

Island of O‘ahu.

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Mitigation Status:

The goal of the HCP is to initiate and sustain a program that will result in an overall net gain in

the number of endangered Abutilon menziesii plants on O‘ahu. The end goal is the establishment

of three wild sites that are protected self-sustaining populations of A. menziesii from the single

degraded Kapolei population. Wild populations of A. menziesii have been successfully

established at the following sites: 1) Diamond Head State Park; 2) Honouliuli Refuge, part of the

U.S. Fish and Wildlife Service’s O‘ahu National Wildlife Refuge Complex; and 3) Pouhala

Marsh on City and County property in Waipahu. Three new sites were established in FY 2018 in

the attempt to bring this species’ conservation efforts into current DOFAW projects with long-

term project investment by the DOFAW O‘ahu Branch. They are: Hamakua Marsh in Kailua,

Makua Keaau Forest Reserve in western O‘ahu, and a Waianae Mountains Watershed

Partnership restoration site in Waianae Kai. The species is being incorporated within these

already established efforts to help ensure long-term progress at little to no added cost of

expansion and maintenance efforts. The main genetic reserve site established at Koko Crater

Botanical Garden currently has 90 mature plants (60% genetic representation).

Until there is assurance that success criteria are met there is also maintained a Contingency

Reserve Area within the 13,381-acre project area. In FY 2019 the Contingency Reserve Area

population has 35 individual plants, a decline from 68 mature (reproductive) A. menziesii plants

present in FY 2018. From an original founder population of 93 plants on the project site in 2002,

out-planting efforts have resulted in establishment of 361 (down from 499 in FY 2018) mature A.

menziesii plants at targeted wild sites plus the plants at the genetic reserve sites and the

Contingency Reserve Area. A DOFAW Horticulturist/Botanist is working to ensure successful

natural regeneration of out-planted individuals. No new plants were out-planted during the

reporting period. Current monitoring data indicate that a total of 112 seedlings from out-planted

individuals have survived at least five years (all are at two of the wild sites). The main reason

for the lack of seedling recruitment and survivorship may be a lack of sufficient moisture on a

regular basis, which may be due to a variety of factors. DOFAW is actively trying to address

this issue by researching other projects involving this species, researching the seed viability, by

the continued addition of common native associate species into current populations to relieve

weed pressure, and continued evaluation of seedling success at the various sites.

Funding Source and Status: Funding to implement mitigation activities was provided to

DOFAW from the Hawai‘i Department of Transportation. Table 19 provides the HCP summary

of revenue and expenditures.

Table 17. Summary of Revenue and Expenditures for the

Abutilon menziesii HCP at Kapolei.

Description

Available revenue $66,276

Expenditures in FY19 $66,276

Ending balance $0

While the mitigation funds have been exhausted, DOFAW is committed to managing the project

through the remaining ITL term, and during FY 2019 actively sought discussions with the

license-holder on achieving the HCP’s success criteria.

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Other Development Projects

Cyanotech Aquaculture Facility Habitat Conservation Plan, Keahole Point, Hawai‘i. Approved 2003.

ITL Licensee: Cyanotech Corporation

Project: Commercial microalgae farming operation

ITL Duration: Original Endangered Species Permit: April 2002 (short term); Subsequent ITL

December 24, 2003 – March 17, 2016; Renewal application for 2016-2035 in process

Figure 10. Location of Cyanotech HCP

Take Authorization Over 13-year Term:

Table 18. Take Authorization for Cyanotech HCP.

Permit Period Common Name Scientific Name Total Authorized Over ITL

Duration

2002-2016 Ae‘o or Hawaiian Stilt Himantopus mexicanus

knudseni

The greater of, 45, or the number of

chicks produced to offset losses1

2016-2035*

(requested renewal )

Ae‘o or Hawaiian Stilt Himantopus mexicanus

knudseni

38 (requested)

*not yet approved

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Status of ITL: There were no fatalities of an HCP covered species at Cyanotech during FY 2019.

There were no documented fatalities of species listed as threatened or endangered in Hawai‘i at

the Cyanotech facility during the FY 2019 reporting period.

In accordance with the Cyanotech HCP, surveys for incidental take are conducted once per week

during the nesting season (March-August) and once per month during the non-nesting season

(September-February). Monitoring for injured wildlife is conducted daily as part of normal

operations of the production raceways. Monitoring documented two Hawaiian Stilt nests with

four eggs in each nest. One nest was flooded and abandoned after a heavy rain event. The

second nest successfully produced two fledglings.

Table 19 provides an estimate of the overall total adjusted take that has occurred since

Cyanotech ITL issuance.

Table 19. Total observed fatalities since ITL issuance and estimated total adjusted

take covered under the Cyanotech ITL as of June 30, 2016. Common Name Total Observed Take Total Adjusted Take1

Hawaiian Stilt 18 adults, 4 chicks 43 fledglings 1 Total adjusted take represented as number of fledglings, based on the survival rate of

2.17 fledglings with respect to incidental take of adult as described in the 2006 Cyanotech

Amendment.

Mitigation Status:

Hawaiian Stilt. Prior to the HCP, mitigation occurred onsite at a lake that was managed as

nesting and foraging habitat for stilts. Concerns about the proximity to the airport led to the

onsite mitigation site being closed in 2002, with hazing implemented to discourage further

nesting. Prior to being shut down, the on-site lake resulted in 237 fledglings. 48 of those

fledged in 2002 and were “credited” to the HCP for the first year of permit coverage. According

to a 2006 minor amendment, Cyanotech mitigation was to be satisfied by funding and

implementing predator control at an off-site location. ‘Opae‘ula (now Kapo‘ikai) pond is a 3.24

hectare coastal wetland located in the North Kona district of Hawai‘i Island and was identified as

a viable location for predator control efforts. Cyanotech worked with the private landowner to

fund predator control efforts at ‘Opae‘ula pond to meet mitigation obligations to satisfy the HCP.

Renewal: In June 2016, Cyanotech requested a renewal for the ITL and HCP, with a requested

take of 38 Hawaiian Stilts for the next 19 years (2016-2035). Cyanotech is required to propose a

suitable potential mitigation project within one year of approval. Cyanotech is working on an

agreement with the County of Hawaii to provide predator control at the Kealakehe Wastewater

Treatment Plant as part of their off-site mitigation.

Cyanotech will also continue funding the annual Kona Waterbird Survey for the duration of the

requested permit term (2016-2035).

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Daniel K. Inouye Solar Telescope (formerly the Advanced Technology Solar Telescope) Construction Habitat Conservation Plan, Halekalā High Altitude Observatory Site, Maui, Hawai‘i. Approved 2011.

ITL Licensee: National Science Foundation

Project: Construction of the Daniel K. Inouye Solar Telescope

(DKIST) within the 18-acre University of Hawai‘i Institute for

Astronomy Haleakalā High Altitude Observatory site at the

summit of Haleakalā

ITL Duration: December 1, 2011 – December 1, 2021. The

ITL was terminated early with final approval on March 27,

2019 through authorization by the Board of Land and Natural

Resources at its March 23, 2018 meeting

Take Authorization Over 10-year Term:

Table 20. Take Authorization for the DKIST HCP.

Common Name Scientific Name Total Authorized Over ITL

Duration

‘Ua‘u or Hawaiian Petrel Pterodroma sandwichensis 30 fledglings and 5 adults

Figure 11. Location of the Daniel K. Inouye Solar Telescope HCP

(formerly known as the Advanced Technology Solar Telescope HCP)

DKIST Facility on Haleakalā summit.

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Status of ITL: There were no fatalities of an HCP covered species or species listed as threatened

or endangered in Hawai‘i at DKIST during FY 2019. No Hawaiian Petrel collisions have been

recorded during monitoring since beginning the project in 2011. A project closeout report was

submitted dated January 2019. As stated in the report, there has been no “take” as a result of the

exterior construction of the DKIST project or from implementation of the HCP.

Bird-strike monitoring has occurred annually during seabird nesting season, February 1 to

November 30, since 2011. In accordance with the HCP, areas around the two Federal Aviation

Administration (FAA) towers, the telescope construction site, and the conservation fence are

monitored. No collision events associated with the towers or conservation fence were detected

since bird-strike monitoring began in 2011. Noise and vibration monitoring were also conducted

during construction, mostly completed as of early March of 2016, to determine if the burrows

nearest the construction site were impacted by construction activities. Based on measurements,

no impacts were documented.

Table 21. Total observed fatalities since ITL issuance and estimated total adjusted

take covered under the DKIST ITL as of June 30, 2018. Common Name Total Observed Take

‘Ua‘u or Hawaiian Petrel 0

Mitigation Status for the Hawaiian Petrel at the Termination of the HCP/ITL:

In accordance with the HCP, DKIST constructed a 4.23 km ungulate-proof fence enclosing a

313-acre Conservation Area adjacent to Haleakalā National Park.

Ungulate/Predator Control was completed as follows:

• No ungulate populations have reestablished inside the fenced Conservation Area since

September 12, 2013, shortly after fence construction began.

• An estimated total of 829 rodents have been removed by long-term rodent control grid

traps and rodenticide.

• In the 12 seasons since the stage three grid system was installed, the long-term rodent

control grid has reduced the rodent density in the Conservation Area to 5.8% of the

Control Site level.

• Overall, based on calculations the predation of 29 chicks and 16 adult Hawaiian Petrels

was prevented due to the predator control measures implemented by DKIST.

The petrel fledgling success as a result of mitigation actions were as follows:

• A statistically significant increase of 74% in fledgling success—the percentage of active

burrows that successfully fledged a chick—after the conservation measures were

implemented in the Conservation Area, compared to fledgling success rates at the site

before the implementation of conservation measures.

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• The average annual Hawaiian Petrel productivity, that is, the number of successful

burrows present in the Conservation Area, increased 87%.

• Using a density approach, mitigation measures facilitated a significant increase in the

Hawaiian Petrel fledging rate on average by 21 more successful fledglings annually (or

105 more total) successful fledglings between 2014 and 2018.

• An increase of the Hawaiian Petrel population in the Conservation Area of 96 additional

fledglings than would have been expected without mitigation between 2014 and 2018,

determined by comparing fledgling success rates pre- and post-mitigation efforts.

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Kaua‘i Lagoons Habitat Conservation Plan, Kaua‘i, Hawai‘i. Approved 2012.

ITL Licensee: Kaua‘i Lagoons, LLC (Note that Tower Kaua‘i Lagoons, LLC is the current name of the entity

holding the license)

Project: Oceanfront resort encompassing approximately 600

acres

ITL Duration: April 11, 2012 – April 11, 2042 (as of end of

FY 2019, 7.2 years (24%) through the permit term)

Take Authorization Over 30-year Term:

Table 22. Take Authorization for Kaua‘i Lagoons HCP.

Common Name Scientific Name Type of Take Total Authorized

Over ITL Duration

‘A‘o or Newell’s Shearwater Puffinus auricularis

newelli

Life of permit 29a

Koloa Maoli or Hawaiian Duck Anas wyvilliana Mortality or Non-Lethal 36

Ae‘o or Hawaiian Stilt Himantopus mexicanus

knudseni

Mortality or Non-Lethal 38

‘Alae Ke‘oke‘o or Hawaiian

Coot

Fulica alai Mortality 110

Non-Lethal 180

‘Alae ‘Ula or Hawaiian Moorhen Gallinula chloropus

sandvicensis

Mortality 40

Non-Lethal 30

Nēnē or Hawaiian Goose Branta sandvicensis Mortality or Non-Lethal 17

‘Ua‘u or Hawaiian Petrel Pterodroma

sandwichensis

Life of Permit 1

‘Akē‘akē or Band-rumped Storm

Petrel

Oceanodroma castro Life of Permit 1

a Authorized level of take changed from 27 to 29 as processed under the September 2013 minor amendment.

Kaua‘i Lagoons, Kaua‘i.

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Figure 12. Location of Kaua‘i Lagoons HCP

Status of ITL: Table 23 provides a listing of all documented incidental take during the reporting

period.

Table 23. Documented incidental take of Covered Species at the Kaua‘i

Lagoons site during the reporting period. Common Name FY 2019 Fatalities

Newell’s Shearwater 4

Nēnē 1

Hawaiian Moorhen (Common Gallinule) 3

Hawaiian Coot 3

Table 24 provides the observed mortalities that have occurred since Kaua‘i Lagoons ITL

issuance. Of concern is the rate of Hawaiian Moorhen take. Although only 24% of the license

term is complete, 62% of the permitted Hawaiian Moorhen (lethal) take has been reached as of

the end of FY 2019.

Table 24. Total observed incidental take since ITL issuance under the Kaua‘i Lagoons ITL as of June 30,

2019.

Common Name Total Observed Take Total Including Indirect Take

Newell’s Shearwater 7 7

Nēnē 3 5

Hawaiian Moorhen 18 25

Hawaiian Duck 5 7

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Common Name Total Observed Take Total Including Indirect Take

Hawaiian Stilt 0 0

Hawaiian Coot 16 19

In accordance with the Kaua‘i Lagoons HCP, the Kaua‘i Lagoons Resort (Resort) continued to

implement the following minimization measures during this reporting period:

• On-site predator control;

• Comprehensive endangered species awareness training to all Resort employees, with

updated modules, and retraining for all staff and contractors after the new owners

took over;

• Deployment of construction monitors and biological monitors during construction

operations to prevent harm to ITL covered species;

• Education program to inform golfers of the presence of endangered species and

implement measures to avoid harm to such species while golfing;

• Program to minimize light-induced attraction of seabirds to Resort facilities by

installing appropriate lighting fixtures, and implementing appropriate seasonal

restrictions and practices; and

• Maintenance of on-site nesting areas.

The total number of Nēnē nests documented at Kaua‘i Lagoons during FY 2019 was 20, from 19

different pairs and which produced 38 fledglings. Other covered species also nested in FY 2019

including three Hawaiian Coot nests producing six chicks, seven Hawaiian Duck nests producing

47 chicks, and 21 Hawaiian Moorhen nests producing 62 chicks (not all chicks will fledge).

The average number of individuals of each species observed during 45 waterbird counts was as

follows: Nēnē, 53; Hawaiian Duck, 21; Hawaiian Moorhen, 85; Hawaiian Coot, 123, Hawaiian

Stilt, four.

Mitigation Status:

Nēnē, Hawaiian Stilt, Hawaiian Coot, Hawaiian Moorhen, & Hawaiian Duck. Baseline

mitigation for waterbirds consists of providing and maintaining approximately 35 acres of

lagoons on the property that are an important habitat for endangered waterbird species, including

predator control trapping and wildlife monitoring. Predator control efforts during this reporting

period included deploying up to 63 live traps on the property. Live traps were deployed

throughout the year and were placed in areas in response to sightings of mammalian predators,

and checked daily.

Trapping resulted in the removal of 54 cats, 39 pigs, and two dogs. Additionally, 1,375 chickens

were removed using air rifles. Kaua‘i Lagoons also contributed mitigation funding of $85,000 to

DOFAW in May 2012 to be used to conduct predator control and/or manage Nēnē at a

translocation site(s) after the completion of the State’s five-year translocation project ending in

2016.

Newell’s Shearwater, Hawaiian Petrel, & Band-rumped Storm-petrel. The Minor Amendment

of 2013 increasing Newell’s Shearwater take specified contribution of mitigation funding for

seabird take in the amount of $10,000 annually to the National Fish and Wildlife Foundation

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(NFWF) account, to be held until such time as a Kaua‘i seabird island-wide HCP is finalized and

approved. On August 22, 2018, $10,000 was provided to NFWF to cover the remainder of the

2018-2019 season.

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Relocation of Round-leaved Chaff Flower (Achyranthes splendens var. rotundata) Habitat Conservation Plan, Kenai Industrial Park, Kapolei, O‘ahu, Hawai‘i. Approved 2014

ITL Licensee: CIRI Land Development Company (In

September 2014 CIRI Land Development Company sold the property

under the ITL to AKC Leasing Corporation)

Project: Industrial development on a 0.75-acre parcel

ITL Duration: February 10, 2014 – February 9, 2024 (as

of end of FY 2019, 5.37 years (54 %) through the permit

term)

Take Authorization Over 10-year Term:

Table 25. Take Authorization for Kenai Industrial Park.

Common Name Scientific Name Total Authorized Over ITL

Duration

Round-leaved Chaff Flower Achyranthes splendens var. rotundata 3 individuals and their seed bank

Figure 13. Location of Kenai Industrial Park HCP

Achyranthes splendens var. rotundata.

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Status of ITL: All plants at the site have been removed under supervision of the State Botanist.

Approximately 23,000 seeds were collected in 2014. Approximately 400 of the seeds collected

were used to germinate plants at Hui Ku Maoli Ola native plant nursery, the remainder are in

storage at the Lyon seed facilities. The seeds at Hui Ku Maoli Ola were propagated and were

used for out-planting at the mitigation site.

Mitigation Status:

Round-leaved Chaff Flower. In accordance with the

HCP, seeds were collected from the project site and were

either stored or propagated for future out-planting at the

mitigation site located at the Kalaeloa Unit of the Pearl

Harbor National Wildlife Refuge.

A total of 159 plants were installed in four plots within

the Kalaeloa Unit in November and December 2014.

Each planting plot is approximately 12 × 12 meters (39.5

× 39.5 feet). In addition, four individual plants of

Round-leaved Chaff Flower were planted outside of the

Plots 1–4 in November 2014 and this area was

designated Plot 5. As of April 10, 2019 there were 50 out-plants (31% of 159 planted) surviving,

therefore the 75% survival by Year 5 criteria in the HCP has not been met. In all, 33 seedlings

reached at least six inches in height in FY 2019, bringing the total number of progeny for the

project to 79. All other success criteria specified in the HCP to be achieved by Year 5 are met as

of this report including less than 25% cover of herbaceous non-native plants and more than 25%

cover of native plants.

Reports on the life expectancy of Round-leaved Chaff Flower vary and range from two to 10

years; however, restoration managers generally agree that this species has a relatively short

lifespan, relying on its high reproductive output to perpetuate its populations in the harsh, dry

environments in which it is found. For this reason, in FY 2019 the ITL licensee and DOFAW

discussed adjusting the survivorship criterion in the HCP to reflect that the species’ lifespan

often falls below this time period.

Funding Status: In September of 2014, CIRI Land Development Company (original owner of

the property under the ITL) sold the property to AKC Leasing Corporation. AKC Leasing

Corporation has acknowledged and understands that ownership of the property is subject to

conditions under the approved Incidental Take License Number ITL-18 and the associated HCP

for Kenai Industrial Park. AKC Leasing Corporation is required to provide all funding necessary

to fulfill obligations outlined in the approved HCP including funding assurances. In FY 2019,

AKC Leasing Corporation used their own procurement processes to fulfill HCP obligations.

Plot 1 out-plants on 4/25/17

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SUMMARY OF SAFE HARBOR AGREEMENTS AND ASSOCIATED INCIDENTAL

TAKE LICENSES

Figure 1. Location of Safe Harbor Agreements

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Safe Harbor Agreement for Puʻu o Hōkū Ranch, Molokaʻi.

ITL Licensee: Puʻu o Hōkū Ranch, Limited

Project: Reintroduce Nēnē (Branta sandvicensis) to

Puʻu o Hōkū Ranch, Moloka‘i.

ITL and SHA Duration: ITL has no specific expiration

and is valid unless rescinded; SHA period was from

September 4, 2001 to September 3, 2008 (DOFAW is

currently in discussion with Pu‘u o Hōkū Ranch to enter

into a new agreement).

Take Authorization: Incidental take of Nēnē on lands owned or otherwise controlled by Puʻu o

Hōkū Ranch, Limited.

Baseline Condition: At the time of agreement execution, there was no wild Nēnē on Moloka‘i.

Therefore the baseline condition is zero wild Nēnē on Puʻu o Hōkū Ranch property. The SHA

allowed for reintroduction of Nēnē on Puʻu o Hōkū Ranch property, construction of a release

pen, provision of habitat for Nēnē grazing and breeding, and control of predators in the release

pen and breeding areas.

Status of ITL and SHA: There was not take of Nēnē at Pu‘u o Hōkū Ranch this fiscal year. In

FY 2019 Nēnē monitoring was performed on a weekly basis by DOFAW personnel throughout

the reporting period. Observations from surveys throughout the reporting period resulted in a

total of 27 birds, the estimated population size, of which 25 were identified by their State and

Federal bands. A one-day annual Nēnē survey of throughout Molokai was conducted on August

10, 2017 in which a total of 21 banded birds were observed.

During the August – April nesting season two nests were recorded within the open-top release

pen at Pu‘u o Hōkū Ranch and no additional nests were located on the ranch or adjacent areas.

Both nests were successful with each producing two fledglings and all four were banded.

Maintenance at the three-acre open-top release pen included checks and repairs as necessary of

electric fence and watering units, and mowing the half-acre around the pen. Ranch personnel

mowed additional areas within the ranch. Alien vegetation (Christmas Berry, Haole Koa, and

Sour Grass) was removed from the pen. Mowing by DOFAW staff totaled 59.5 acres. Ranch

personnel mowed an additional 900 acres within the ranch. Additionally, six acres along the

fenceline was mowed and maintained.

A total of 38 mongoose and one cat were removed around the open-top release pen at Puʻu o

Hōkū Ranch.

Nēnē, official bird of the State of

Hawai‘i, resting in the foreground.

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A total of 74 birds were translocated to the Puʻu o Hōkū Ranch from 2002-2005. Table 1

provides survey data for the original 74 birds translocated to the Puʻu o Hōkū Ranch. The

percentage of the original 74 birds that were re-sighted is a factor of survey effort and does not

account for any unknown mortality or emigration from the ranch, and may not necessarily be a

measure of translocation success.

Table 1. Observations of Nēnē translocated to Puʻu o Hōkū Ranch

Year No. of Birds

Translocated

Total Birds

Translocated

No. of Known

Fatalities

No. of Birds

Sighted

Percentage (%) of

Translocated Birds Sighted

(excluding known fatalities)

2019 0 74 0 1 2

2018 0 74 0 1 2

2017 0 74 0 1 2

2016 0 74 0 2 3

2015 0 74 0 4 5

2014 0 74 0 6 9

2013 0 74 0 6 9

2012 0 74 0 6 9

2011 0 74 0 7 11

2010 0 74 0 8 13

2009 0 74 0 18 28

2008 0 74 1 33 52

2007 0 74 0 38 58

2006 0 74 5 29 45

2005 11 74 2 47 67

2004 8 63 1 42 69

2003 41 55 1 54 100

2002 14 11 0 14 100

Programmatic Safe Harbor Agreement for Nēnē, Molokaʻi.

ITL Licensee: DOFAW to issue Certificates of Inclusion under authority of §195D-22, HRS, to

landowners signing Cooperative Agreements.

Project: Encourage private landowner management activities to benefit Nēnē and provide

regulatory assurances if Nēnē occupy or breed on their property.

ITL Duration: April 7, 2003 – April 6, 2053.

Take Authorization: Any Nēnē or Nēnē habitat above Baseline Conditions, as defined in

respective landowner Cooperative Agreements.

Baseline Condition: To be set in each landowner Cooperative Agreement.

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Status of ITL and SHA: During the reporting period and to date, there are no landowners

enrolled under this SHA; discussions with interested landowners are ongoing.

Safe Harbor Agreement for the Introduction of Nēnē to Piʻiholo Ranch, Maui.

ITL Licensee: Piʻiholo Ranch, LLC

Project: Establish a Nēnē population on Piʻiholo

Ranch.

ITL Duration: The ITL is valid for 50 years from

September 21, 2004 to September 20, 2054; the SHA

is currently expired. The original period was from

September 21, 2004 to September 20, 2014.

Take Authorization: Incidental take of Nēnē on lands owned or otherwise controlled by Piʻiholo

Ranch, LLC.

Baseline Condition: Following Nēnē reintroduction efforts on Maui that began at Haleakalā

National Park in 1962, DOFAW began establishing a population in west Maui through a

reintroduction program at Hana‘ula in 1995. However, prior to the development of the SHA,

there had been no known Nēnē sightings at Piʻiholo Ranch premises by DOFAW staff or Ranch

personnel. Therefore the baseline condition was determined to be zero. Under the SHA Piʻiholo

Ranch was to maintain or improve approximately 600 acres of Nēnē habitat for a period of 10

years.

Status of ITL and SHA: There was not take of Nēnē at Piʻiholo Ranch this fiscal year. The

activities under the SHA were construction of a Nēnē release pen, predator control activities

around Nēnē nesting and breeding sites, and out-planting native plant species known to be Nēnē

food sources. There were 17 nests or nesting attempts at the open-top release pen this past

season and seven were successful. Fifteen Nēnē fledged from the open-top release pen and 13

were banded.

Nēnē monitoring recorded 37 banded birds on the Ranch throughout the reporting period, of

which three were from the original released birds. The survey resulted in a population estimate

for the Ranch of 34 birds. An island-wide annual Nēnē survey was conducted on September 19,

2018. During this survey, 18 birds were observed.

The open-top pen’s fence-line was continuously checked and maintained throughout the year.

The fence was maintained at the open-top release pen and the pond was cleaned and flushed

twice per month. Short grass habitat was maintained at the pen through weekly mowing and the

Piʻiholo Ranch on Maui.

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area around the outside of the pen was maintained as needed. A total of 25.5 acres was mowed

this year to maintain Nēnē short grass habitat.

Predator control efforts resulted in a total of 48 mongoose, three rats, and 12 mice trapped and

removed around the open-top release pen at Piʻiholo Ranch.

Table 2 provides survey data for the original 48 birds released to the Ranch. The percentage of

the original 48 birds that were re-sighted is a factor of survey effort and does not account for any

unknown mortality or emigration from the Ranch, and may not necessarily be a measure of

release success.

Table 2. Observations of Nēnē translocated to Pi‘iholo Ranch

Year No. of Birds

Translocated

Total Birds

Translocated

No. of

Known

Fatalities

No. of Birds

Sighted

Percentage (%) of

Translocated Birds Sighted

(excluding known fatalities)

2019 0 48 0 3 6

2018 0 48 0 3 6

2017 0 48 0 4 9

2016 0 48 0 9 20

2015 0 48 0 10 23

2014 0 48 0 10 23

2013 0 48 0 11 25

2012 0 48 0 11 25

2011 0 48 1 16 36

2010 0 48 0 23 51

2009 0 48 1 26 58

2008 10 48 0 30 65

2007 25 38 2 26 72

2006 8 13 0 12 92

2005 5 5 0 5 100

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Safe Harbor Agreement for the Reintroduction of Nēnē to Haleakalā Ranch, Maui.

ITL Licensee: Haleakalā Ranch Company

Project: Establish a Nēnē population on Haleakalā Ranch, Maui.

ITL Duration: The ITL is valid for 50 years from May 22, 2012 to May 21, 2062; the SHA has

been finalized as of August 2019.

Take Authorization: Incidental take of Nēnē on lands owned or otherwise controlled by

Haleakalā Ranch.

Baseline Condition: There had been no Nēnē sightings at Haleakalā Ranch by DOFAW staff or

ranch personnel prior to execution of the SHA, therefore the baseline condition was determined

to be zero.

Status of ITL and SHA: No take of Nēnē at Haleakalā Ranch was reported this fiscal year.

DOFAW in cooperation with Haleakalā Ranch has constructed a two-acre Nēnē release pen,

conducts predator control activities around Nēnē nesting and breeding sites, and maintains access

roads leading to the Nēnē release pen.

DOFAW conducted regular monitoring during the reporting period at Haleakalā Ranch. A total

of 47 banded birds were recorded this season at the pen, of which 10 were from translocations.

During the September 2018 survey 25 Nēnē where observed, which included 22 banded birds

and three unbanded birds. Three Nēnē that were injured birds that were captured, treated, and

relocated to the pen. Four Nēnē, three adults and one gosling, died this year at the pen.

Seven nests were found in the open-top release pens this season and two were successful with

two fledglings each for a total of four fledglings.

Maintenance activities included checking and repairing fences as needed. The water unit was

checked and maintained monthly. The pond was drained once a month and refilled with clean

water. Twenty-six acres were kept mowed in and around the pen to maintain short grass habitat

and alien vegetation removed.

Predator control efforts resulted in a total of three mongoose, one rat, and one mouse removed

around the open-top release pen.

A total of 53 birds were translocated to Haleakalā Ranch between 2011 – 2016. Table 3 provides

survey data for the original 53 translocated birds. The percentage of the original 53 birds that

were re-sighted is a factor of survey effort and does not account for any unknown mortality or

emigration from the Ranch, and may not necessarily be a measure of release success.

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Table 3. Observations of Nēnē translocated to Haleakala Ranch

Year No. of Birds

Translocated

Total Birds

Translocated

No. of

Known

Fatalities

No. of Birds

Sighted

Percentage (%) of Translocated

Birds Sighted (excluding known

fatalities)

2019 0 53 0 10 19

2018 0 53 0 13 25

2017 0 53 0 19 40

2016 8 53 0 28 60

2015 8 45 1 25 64

2014 0 37 2 23 84

2013 7 37 1 31 91

2012 20 30 2 30 100

2011 10 10 0 10 100

Safe Harbor Agreement for the Koloa Maoli or Hawaiian Duck (Anas wyvilliana) and

the Nēnē or Hawaiian Goose (Branta sandvicensis) on Umikoa Ranch, Hawaiʻi Island.

ITL Licensee: Umikoa Ranch.

Project: Establish a Koloa and Nēnē population on privately

owned lands of Umikoa Ranch in the Hamakua District of Hawaiʻi

Island.

ITL Duration: The ITL is valid from December 5, 2001 to

December 4, 2100; the SHA period is from December 5, 2001 to

December 4, 2021.

Take Authorization: Incidental take of Nēnē and Koloa, including their progeny, on lands owned

or otherwise controlled by Umikoa Ranch, provided that such take is above established baseline

conditions.

Baseline Condition: The Baseline Conditions for Koloa and Nēnē were determined from

monthly biological surveys conducted between January and October 2000. During this time

there were five existing ponds ranging from 0.12 to 0.30 acres, providing approximately one acre

of open water habitat, in addition to five acres of adjacent upland habitat. Surveys indicated that

the Umikoa wetland area was frequented by a single pair of wild Koloa. Therefore, the baseline

for Koloa was determined to be two individuals, one acre of open water habitat, and five acres of

adjacent upland habitat. The baseline for Nēnē was determined to be zero.

Koloa Maoli or Hawaiian Duck,

endemic to the Hawaiian Islands.

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Status of ITL: No take of covered species was reported at Umikoa Ranch this past fiscal year.

The ranch is responsible for maintaining fencing around 10 ponds, consisting primarily of open

water, and surrounding riparian and associated upland habitat totaling a minimum of 50 acres.

Fences at two of the ponds were in need of repair based on a site visit in December 2018.

During state waterbird surveys in January 2019 (four ponds) and August 2019 (three ponds), no

native or non-native waterbirds were observed.

Safe Harbor Agreement for Kamehameha Schools, Keauhou and Kīlauea Forest

Lands, Hawaiʻi Island

ITL Licensee: Trustees of the Estate of Bernice P. Bishop, DBA

Kamehameha Schools.

Project: Restoration and enhancement of habitat for native plants

and animals.

ITL Duration: The ITL is valid from June 22, 2018 to June 21,

2068.

Take Authorization and Baseline Condition:

Table 4. Take Authorization for Kamehameha Schools SHA

Common Name Scientific Name Incidental Take Permitted No. of Individuals or Habitat

Baseline Individuals or Habitat

Forest Birds:

ʻAkiapōlāʻau, Hawaiʻi Creeper Hawaiʻi ʻĀkepa ʻIʻiwi

Hemignathus wilsoni Loxops mana Loxops coccineus Vestiaria coccinea

Any habitat for the four forest birds above the baseline identified on the Enrolled Property

Approximately 4,162 acres of habitat in Forest Bird Stratum 1 on the Enrolled Property

Hawaiian Hawk, ʻIo Buteo solitarius Any habitat for the ʻIo above the baseline identified on the Enrolled Property

Approximately 18,517 acres of habitat on the Enrolled Property

Hawaiian Crow, ʻAlalā

Corvus hawaiiensis Any individual on or at the Enrolled Property

Zero Individuals

Hawaiian Goose, Nēnē

Branta sandvicensis Any individual on or at the Enrolled Property

Zero Individuals

Hawaiian Hoary Bat, ʻŌpeʻapeʻa

Lasiurus cinereus semotus

Any habitat for the ʻŌpeʻapeʻa above the baseline identified on the Enrolled Property

Approximately 18,517 acres of habitat on the Enrolled Property

None Asplenium peruvianum var. insulare

Any individual on or at the Enrolled Property

128 Individuals

ʻŌhā wai Clermontia lindseyana

Any individual above the baseline on the Enrolled Property

24 Individuals

Example species in the

Kamehameha Schools SHA.

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Common Name Scientific Name Incidental Take Permitted No. of Individuals or Habitat

Baseline Individuals or Habitat

Hāhā Cyanea shipmanii Any individual above the baseline on the Enrolled Property 463 Individuals

Hāhā Cyanea stictophylla Any individual above the baseline on the Enrolled Property 104 Individuals

Kīponapona Phyllostegia racemosa Any individual above the baseline on the Enrolled Property 4 Individuals

None Phyllostegia velutina Any individual above the baseline on the Enrolled Property 38 Individuals

None Plantago hawaiensis Any individual above the baseline on the Enrolled Property 1 Individual

None Vicia menziesii Any individual above the baseline on the Enrolled Property 27 Individuals

ʻĀhinahina Argyroxiphium kauens Any individual above the baseline on the Enrolled Property Zero Individuals

ʻŌha Clermontia peleana Any individual above the baseline on the Enrolled Property Zero Individuals

ʻAkū Cyanea tritomantha Any individual above the baseline on the Enrolled Property Zero Individuals

Haʻiwale Cyrtandra giffardii Any individual above the baseline on the Enrolled Property Zero Individuals

Haʻiwale Cyrtandra tintinnabula Any individual above the baseline on the Enrolled Property Zero Individuals

Hau kuahiwi Hibiscadelphus giffardianus

Any individual above the baseline on the Enrolled Property Zero Individuals

ʻOhe Joinvillea ascendens Any individual above the baseline on the Enrolled Property Zero Individuals

Alani Melicope zahlbruckneri Any individual above the baseline on the Enrolled Property Zero Individuals

None Neraudia ovata Any individual above the baseline on the Enrolled Property Zero Individuals

ʻAiea Nothocestrum breviflorum

Any individual above the baseline on the Enrolled Property Zero Individuals

None Phyllostegia floribunda Any individual above the baseline on the Enrolled Property Zero Individuals

None Phyllostegia parviflora Any individual above the baseline on the Enrolled Property Zero Individuals

Makou Ranunculus hawaiiensis Any individual above the baseline on the Enrolled Property Zero Individuals

ʻĀnunu Sicyos alba Any individual above the baseline on the Enrolled Property Zero Individuals

ʻĀnunu Sicyos macrophyllus Any individual above the baseline on the Enrolled Property Zero Individuals

None Silene hawaiiensis Any individual above the baseline on the Enrolled Property Zero Individuals

None Stenogyne angustifolia Any individual above the baseline on the Enrolled Property Zero Individuals

Status of ITL: In FY19, a total of 20,295 native plants of 28 species were planted. Of these

11,596 were koa seedlings. It included 343 native seedlings planted in the sensitive Forest Bird

Stratum 1 and 19,952 in the remainder of the Enrolled Property. Planting areas were

concentrated in the lower portions of the Enrolled Property where silviculture activities included

135 acres of new koa located in the 2018 wildfire burn area in the southwestern portion of the

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48

property. The Kīlauea and East Rift Zone eruption did disrupt some of the planned plant

propagation and activities.

The wildfire in August 2018 consumed 3,739 acres including 649 acres of the enrolled property

in addition to the much larger area in the adjacent Volcanoes National Park. In response to the

2018 wildfire an 18,000 ft firebreak was installed along the property boundary with National

Park. A total of 2 acres of closed- and 238 acres of open-canopy tree cover habitat with a mix of

koa and ʻōhiʻa canopy were lost in the fire and other areas included scattered and very scattered

trees. Kamehameha Schools ascribed the wildfire to a force majeure event beyond their control.

Weed surveys by Three Mountain Alliance (TMA) were conducted on 7,596 acres and

suppression occurred across 2,024 acres and targeted priority weed species Faya (Morella faya),

Ginger (Hedychium gardnerianum), Strawberry Guava (Psidium cattleianum), and Himalayan

Raspberry (Rubus ellipticus), as well as Blackberry (Rubus argutus). Existing populations of

priority weed species was below 10% within conservation fences that is a criterion specified in

the SHA. Kamehameha Schools provided access of the enrolled lands to the U.S. Forest Service

for researchers monitoring the presence, patterns, and impacts of Rapid Ōhiʻa Death (ROD).

Monitoring in FY 2019 included a bird survey for the covered species. Results are as follows:

ʻAlalā from the 2017 and 2018 release cohorts have shown consistent use of Kamehameha

Schools lands with activity being focused around the Puʻu Kipu area during the morning and

evening hours (AWG 2018, AWG 2019). To date, ‘Alalā have not demonstrated behavior

indicating occupation of habitat on Kamehameha Schools lands such as nest construction of

defense of habitat.

Up to six Nēnē were observed during monthly surveys in the western portion of the enrolled

property and up to nine at the ʻŌhiʻa Ranch portion. Nests and fledglings were not observed but

fledglings including up to near adult size were captured on remote cameras. These are the first

fledglings documented from the enrolled property.

Plant monitoring of covered species was conducted in FY 2019 through contract with the

Hawai‘i Plant Extinction Prevention Program (PEPP). Preliminary results indicate that several

covered plant species have declined in number including Phyllostegia racemosa, Cyanea

shipmanii, and Vicia menziesii. However, some regeneration of the latter two species was

documented, though final results were pending at the time of this report.

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Kamehameha Schools also initiated an extensive training program in association with TMA and

PEPP on the contents and requirements of the SHA and for forest bird surveys that must be

conducted under the terms of the SHA.

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CONDITION OF THE ENDANGERED SPECIES TRUST FUND

Act 144, SLH 2004 established the Endangered Species Trust Fund, with purposes set forth in

Section 195D-31, HRS.

Description Expenditure Revenue

Beginning Cash Balance 2,880,296$

Outstanding Encumbrances FY2019 1,394,304$

Expenditures in FY2019 952,256$

Total in Encumbrances from previous years 61,957$

Funds to Implement Obligations of a Habitat

Conservation Plan807,569$

Private Contributions for the Management

and Recovery of Hawaii’s Native Wildlife987,687$

Subtotal Ending  Balance 3,723,296$

Total in Encumbrances  1,456,261$

Total in ESTF in FY18 5,179,558$

Funds rolled over from previous years HCP

Technical Assistance Program87,712$

Funds Received as Payment for the Use of the

HCP Technical Assistance Program 22,050$

Expenditures in FY2019 for personnel 49,195$

Total in ESTF (including outstanding

encumbrances)5,240,125$

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RECOMMENDATIONS TO FURTHER THE PURPOSES OF CHAPTER 195D, HRS

Habitat Conservation Plans and SHAs are necessary tools in Hawai‘i to achieve endangered

species protection while balancing growth and addressing the need for energy independence. FY

2019 marks the twenty-first year since implementation of Chapter 195D, HRS, to include the

issuance of ITLs. The program has demonstrated numerous successes over the last twenty-one

years.

The following are recommendations to further improve implementation of Chapter 195D, HRS.

• Increase staff capacity statewide for HCPs by providing for a fully funded State civil

service position to effectively track and monitor funds and expenditures related to each

Habitat Conservation Planning project. The staff within DLNR/DOFAW is currently

three members in administration managing statewide HCP and SHA projects and

reviewing all projects statewide with the potential to impact threatened or endangered

species. Additional staff are supported by grant to produce standalone HCPs. Additional

staff capacity would allow development of administrative rules for the program

(described in the last bullet), development of procedures for promoting consistency in

HCPs, conducting follow-up monitoring for development projects, and implementation

and management of mitigation and other projects that are extremely beneficial for the

recovery of Hawai‘i’s threatened and endangered species.

• Continue fostering partnerships between DLNR/DOFAW, other State and Federal

agencies, and private landowners to ensure program success.

• Conduct additional outreach to further educate private landowners and developers on the

benefits of HCPs and SHAs.

• Provide resources to establish a habitat/conservation banking system as authorized under

Section 195D-21(b)(1), HRS.

• Establish administrative rules under Chapter 195D, HRS, to provide guidelines,

limitations, and parameters specific to the authority provided under Chapter 195D, HRS.

For information on DLNR’s Endangered Species Recovery Committee, please see

http://dlnr.hawaii.gov/wildlife/esrc/. For a full listing of the State’s Habitat Conservation Plans

and license-holder annual reports please see http://dlnr.hawaii.gov/wildlife/hcp/approved-hcps/.

For further information on the State’s Habitat Conservation Plans contact:

Department of Land and Natural Resources

Division of Forestry and Wildlife

1151 Punchbowl Street, Room 325

Honolulu, HI 96813

Email: [email protected]

Telephone: (808) 587-4187

Internet: http://dlnr.hawaii.gov/wildlife